Nelson Havi: My Last Assignment as LSK President

  • LSK President Nelson Havi
    President of the Law Society of Kenya Nelson Havi in Nairobi in February 2020.
    Nairobi Exposed
  • The Law Society of Kenya (LSK) President, Nelson Havi, on Monday, September 6, announced his last assignment as the head of the organisation.

    Speaking to Kenyans.co.ke, Havi confirmed that the LSK Special General Meeting (SGM) scheduled for September 24, 2021, would be his last contribution to the society.

    During the SGM, LSK will constitute the Elections Board and approve the Independent Electoral and Boundaries Commission (IEBC) to conduct the polls on March 17, 2022.

    Although his term ends on March 24, 2022, Havi intimated that he and the outgoing council members, would not take up any duties on behalf of LSK.

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    Former LSK President Nelson Havi in court
    File

    "We will not take up any cases that involve public interest nor be involved in any litigations. We are not going to submit any memoranda in Parliament," Havi stated.

    Havi also spoke on his tenure as LSK President, referring to the three-point mantra; monitoring legislation, defending the rule of law and constitutionalism and protecting the practice environment.

    With reference to monitoring legislation, 'Che Guevara' disclosed that the peak of his tenure was when LSK petitioned Chief Justice (Rtd.) David Maraga to advise on the dissolution of Parliament for failing to meet the two-thirds gender rule as required by law.

    He also disclosed that the society managed to successfully challenge ten bills proposed by Parliament as the bills were not enacted into law.

    Havi noted that the second highest moment was the stopping of the Building Bridges Initiative (BBI), stating that the council prevented Kenyans from suffering from 74 amendments of the Constitution. 

    "We submitted memoranda in Parliament, but they were shot down, so we moved to the High Court, and the Court of Appeal to have it (BBI) stopped," he added.

    In regards to protecting the practice environment, he stated that he managed to sign up lawyers as essential service providers, ensuring that they are not vilified when carrying out their duties.

    Havi also noted that Maraga and Deputy Chief Justice Philomena Mwilu provided a good environment for the practice. However, Havi stated that the new head of the Judiciary, Lady Justice Martha Koome, sidelined LSK, stating that it is no longer active in the National Council on the Administration of Justice (NJAC).

    However, it was not all rosy for the outgoing POLSK who disclosed to Kenyans.co.ke that his lowest moment was the departure of nine council members. Havi stated that the nine decided to side with LSK CEO, Mercy Wambua, whom he claimed stood in the way of a forensic audit.

    When asked what advice he would give to his successor, Havi stated that the elected president should assemble a team in advance to ensure he is able to resist being cajoled.

    "He or she should assemble at least 10 members who are brilliant and trustworthy. The president needs at least eight members, which accounts for two thirds, to resist being bullied when making decisions," Havi reiterated.

    The LSK President revealed that he intends to run for the Westlands parliamentary seat as soon as the election is declared. 

    "I want to go to parliament to see to it that we have good legislation," explained Havi.

    He added that having lawyers and other professionals as law makers would have more impact on the kind of laws that govern the county.

    LSK President Nelson Havi speaking at a past forum in 2019
    LSK President Nelson Havi speaking at a past forum in 2019
    File